Ingram v. State
Ingram v. State
Opinion of the Court
After shooting Lucile Pitts, Frank Ingram ■walked across a lot of land, called Dr. J. H. Ingram, - who was asleep, waked him, and told him how the shooting occurred.- On the trial of Frank Ingram for murder this statement made to Dr. Ingram was offered in evidence by the defendant, and was objected to by the State, “on the grounds that it was not a part of the res gestae and was a self-serving declaration.” The court sustained the objections, and the defendant made this alleged error one of the grounds of his motion for a new trial.
The statement referred to above, copied in the motion for a new trial, clearly shows that it was a self-serving declaration, and, being such, it was properly excluded. Garner v. State, 6 Ga. App. 183 (3) (65 S. E. 842). See also Deal v. State, 18 Ga. App. 70 (5) (88 S. E. 902). This ground of the motion for a new trial does not show when the statement was made,.and therefore it can not be treated as a part of the res gest®. However, the ground does show that it was made after the accused had come “ across a lot of land,” and Dr. Ingram stated that “it could not have been long after the shooting.” As to the time this is too indefinite. In Southerland v. State, 121 Ga. 191 (3) (48 S. E. 915), as to a statement made by the accused, the Supreme Court held that “it was not admissible as a part of the res gest®, for while it was made ‘'soon5 after the shooting, it does not appear that it was so nearly connected with the
The court is alleged to have erred in charging as follows: “If you find that previous threats were made by Bill Hardy, they are not to be considered by you unless some proof of the conduct or overt act upon the part of Bill Hardy caused the defendant to believe or apprehend that Bill Hardy intended or was endeavoring to carry the threats into execution.” To so instruct the jury was not error. Mincey v. State, 27 Ga. App. 4 (3) (107 S. E. 546), and cases cited.
The evidence supports the verdict.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.